Legal Question in Family Law in New Jersey

False Info on petition for child support

I received a copy of the petition for child support against me and found that my ex has supplied false info. She is living with her mother and allegedly pays over 600.00 in rent even though her her mother never claimed this income on her taxes. Also, the last time we spoke, about 2 weeks ago, she had a full time job, but on the petition is claiming she has no income other than the voluntary child support i have been giving her. This info is obviously wrong, can i fight it in any way, and is it worth fighting?


Asked on 4/17/02, 3:12 am

2 Answers from Attorneys

Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: False Info on petition for child support

Please be advised that I am basing this reply on the limited amount of information supplied and I have not been retained to represent you. However, the answer to your question is yes, it could be worth fighting. You do not want to give your money away unfairly if it is not necessary. Support in New Jersey is set up by certain guidelines but each spouses income and his or her respective ability of to pay are factors taken into account. If she has a full time job and the Court is basing your support obligations on the fact that she has no income, that could make a difference. As stated, without more facts, I cannot give you information to rely on, but based on what you provided, you would be wise to consult an attorney and look into this further because it could save you money. If you wish to contact me, I can be reached at 908-537-7975.

GOOD LUCK!

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Answered on 4/27/02, 6:06 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Child support evaluation

A Court would need to determine the proper amount of the child support utilizing your income and her income. Due to the fact that NJ uses Child Support Guidelines, in most cases, only those entries required by the Worksheet would be relevant to the child support determination. Thus, income of the parties, day care costs and the amount of time that the child spends with each of you are virtually the only relevant factors. In most cases, the amount she pays in rent would not be a factor. In any case, keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

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Answered on 4/17/02, 10:30 am


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